A writ petition has been filed in the Delhi High Court by Justice for Rights Foundation, a non-governmental organisation, seeking guidelines for the regulation of online platforms such as Netflix, Amazon Prime Video, Hotstar and so on in order to check the exhibition of uncertified, sexually explicit, vulgar, profane and legally restricted content. In the alternative, the petitioner has sought directions to the Centre to frame legal provisions/guidelines for regulation of these platforms and to issue the necessary directions to them to remove such content with immediate effect.
Instances of objectionable content cited by the petitioner include shows such as Sacred Games, Vikings, Game of Thrones, Charlie and the Chocolate Factory and Spartacus.
The Union Ministry of Information and Broadcasting, in response to a Right to Information application from the petitioner, stated that “intermediaries are regulated under the Information Technology Act, 2000, and the rules made thereunder. Section 79 of the IT Act puts the onus on the intermediaries to observe due diligence while discharging their duties under the Act and observe guidelines as prescribed by the Centre. The Ministry, however, did not respond to the petitioner’s query regarding the steps being contemplated to regulate online content and make intermediaries accountable for non-compliance with the Act and the rules.
According to the petitioner, Section 79 of the IT Act does not apply to all online platforms as they stream third party as well as self-generated content. The petitioner has invoked Article 19(2) of the Constitution, under which the media, in general, is bound by reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. The petition alleges that the online platforms stream content that is full of vulgarity, sexually explicit, pornographic, profane, virulent, religiously forbidden, morally unethical, and depictive of women in an objectifying manner. The content, the petition adds, is deliberately created with scenes of nudity and scripts containing abusive language in order to attract more subscribers and generate profit.
The petition alleges that the Centre has not notified online platforms of the restrictions applicable on them or directed the removal of restricted content.
The petition contends that the fundamental right to carry on trade or business, which these online platforms may claim, does not extend to carry on trade or business of products or equipment which would interfere with the safety, health or peace of citizens. As these platforms show women in bad light and merely as an object, which is violative of their fundamental rights to live with dignity as enshrined under Article 21, the petition further submits.
A similar petition has also been filed before the Nagpur bench of the Bombay High Court, which has issued notice to the Centre. The petitioner, in this case, Divya Gontia, a Nagpur-based advocate, has referred to shows such as Gandi Baat on the platform, ALTBalaji and Sacred Games. However, her contentions have been rebutted by an intervener in the case, advocate Wilson Mathew, who argues that the content that one chooses to watch within the four walls of his or her home is their prerogative and is protected under the right to privacy. According to Mathew, any video depicting intimacy between two human beings cannot be termed as pornography.
It is likely that these two parallel legal proceedings before the Delhi and Bombay High Courts may ultimately be transferred to the Supreme Court.
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